Bills

Summary Offences (Disrespectful Conduct in Court) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 4, page 2, after line 19 [clause 4, inserted section 60]—After inserted subsection (1) insert:

(1a) A person cannot be prosecuted for an offence against subsection (1) in respect of certain conduct before a court unless, before the conduct was engaged in, the court had warned the person, in respect of other earlier conduct before the court, that disrespectful conduct before the court may result in a charge of an offence.

(1b) It is a defence to prosecution for an offence against subsection (1) to prove that the conduct the subject of the charge arose due to a physical disability or cognitive impairment of the defendant.

No. 2. Clause 4, page 3, after line 21 [clause 4, inserted subsection (7)]—Before the definition of court insert:

cognitive impairment includes—

(a) a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);

(b) an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);

(c) a mental illness;

Consideration in committee.

The Hon. V.A. CHAPMAN: I move:

That the Legislative Council's amendments be agreed to.

I indicate that the government supports these amendments—amendment No. 1 sponsored by the Treasurer and amendment No. 2 sponsored by the Leader of the Opposition in the Legislative Council (Hon. Kyam Maher MLC). We look forward to the swift passage of this bill through the parliament.

Motion carried.